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CACR29 • 2026

Relating to the supreme court. Providing that the supreme court may not make rules that have the force and effect of law.

Relating to the supreme court. Providing that the supreme court may not make rules that have the force and effect of law.

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Robert Wherry (R), Donald McFarlane (R), Mary Murphy (R), Mary Ford (R), Linda McGrath (R)
Last action
2026-02-27
Official status
HOUSE
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how existing supreme court rules will be affected by the proposed amendment.

Supreme Court Rules

This bill proposes to amend the New Hampshire Constitution so that the Supreme Court cannot make rules with the force and effect of law.

What This Bill Does

  • Amends article 73-a of the New Hampshire Constitution by removing language that allows supreme court rules to have the force and effect of law.

Who It Names or Affects

  • The Supreme Court
  • Local government officials who must include information about voting on this amendment in their election materials

Terms To Know

Constitutional Amendment
A change to a state or country's main set of laws.
Supreme Court
The highest court in the state that reviews and interprets laws.

Limits and Unknowns

  • It is not clear how this amendment will affect existing supreme court rules.
  • Voters must approve the amendment for it to become law.

Bill History

  1. 2026-02-27 H

    Committee Report: Without Recommendation 02/13/2026 (Vote 10-10; RC) HC 10 P. 98

  2. 2026-02-05 H

    Executive Session: 02/13/2026 10:00 am GP 158

  3. 2026-01-29 H

    Public Hearing: 02/04/2026 11:00 am GP 230

  4. 2025-12-04 H

    Introduced 01/07/2026 and referred to Judiciary HJ 1 P. 41

Official Summary Text

Relating to the supreme court.
Providing that the supreme court may not make rules that have the force and effect of law.

Current Bill Text

Read the full stored bill text
CACR 29 - AS INTRODUCED

2026 SESSION
26-3248
08/09

CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION
29

RELATING TO:
the supreme court.

PROVIDING THAT:
the supreme court may not make rules that have the force and effect of law.

SPONSORS: Rep. Wherry, Hills. 13; Rep. Ford, Rock. 3; Rep. McFarlane, Graf. 18; Rep. McGrath, Rock. 40; Rep. Mary Murphy, Hills. 27

COMMITTEE: Judiciary

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ANALYSIS

This constitutional amendment concurrent resolution provides that the supreme court may not make rules that have the force and effect of law.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

26-3248
08/09
STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO:
the supreme court.

PROVIDING THAT:
the supreme court may not make rules that have the force and effect of law.

Be it Resolved by the House of Representatives, the Senate concurring, that the
Constitution of New Hampshire be amended as follows:

I. That article 73-a of the second part of the constitution be amended to read as follows:
[Art.] 73-a. [Supreme Court, Administration.]
The chief justice of the supreme court shall be the administrative head of all the courts. He shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. [
The rules so promulgated shall have the force and effect of law.
]
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2026.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2026 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2026 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending article 73-a of the second part of the constitution to read as follows:
[Art.] 73-a. [Supreme Court, Administration.]
The chief justice of the supreme court shall be the administrative head of all the courts. He shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts.
V. That the secretary of state shall print the question to be submitted on a separate ballot with other constitutional questions or on the official ballot. The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.” If no oval is marked, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2026 General Court” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
VII. Voters' Guide.
AT THE PRESENT TIME, the rules promulgated by the supreme court have the force and effect of law.
IF THE AMENDMENT IS ADOPTED, the supreme court may not promulgate rules that have the force and effect of law.